Hidden Rules Of Legal Thinking

"Sub-regulations" epitaxial large over almost all the fields today.Where there is a regulation, there seems another set of sub-regulations. Sub-regulations in different areas of the disk knot prosperous society as a whole, is a power updating, a new rule paralleling the formation of regulation system, the establishment of another order.It’s objective existence is self-evident. For its understanding, generally speaking, the real behavior has greater selective advantage when the real behavior is different from the rational slogan, program and law in form. Not only because the behavior to be motivated in the implementation process, but also because the behavior will not be penalized or even be motivated after the implementation. It makes the rational slogan, program and law in form weakened. As the most formal and authoritative regulation, law, has also been submerged by the tide of sub-regulations. It is a big hindrance for building a socialist society ruled by law in China. Therefore, to analyze the reason how the sub-regulations subvert the legal authority and to understand the path how the sub-regulations develop and grow is the premise to solve the problem of sub-regulations and the necessity for building society ruled by law. The researches of sociology, economics and other different academic areas of the sub-regulations are very much and deep. From the angel of law, this paper will explore sub-regulations using those theories said before, trying to demarcate the boundaries of the sub-regulations in the field of the law, analyze its nature, cause and effort to find an appropriate way to face this phenomenon and deal with the problem.This article is divided into five parts.The introduction leads to the issue, noting that the status and research value of this paper.In the aspect of the analysis demarcated the connotation and extension of the sub-regulations, first, as defined in the definition of the sub-regulations, that is, it’s meaning, combing sociology, economics and law in three academic fields on the sub-regulations to determine the scope of the definition of sub-regulations; and then through the theoretical location of the sub-regulations in the law. The defining characteristic analysis, understand the scope of the extension of the sub-regulations.In the aspect of exploring sub-regulations’nature and attribution, this part from the perspective of the sub-regulations, the point of view of the sub-regulations and both shared the point of view, respectively, of the sub-regulations of selection, implementation, realize the reason, combined with the power structure, control of resources, costs and benefits, rights and obligations various fields of theoretical knowledge reveals the true face of the sub-regulations and causes.In the aspect of trying to contain sub-regulations, the legal means of correction is used from both macro and micro aspects. The macro aspect emphasizes to set an example on the political state part, clear refinement law legislation; referee a fair and impartial administration of justice; administration of deliberative democracy; and stressed that the decision-making reasoning and highlight the citizens right to choose the public sector. Micro aspect focuses on the operability of each proposed a model or program for discussing, mainly in politics at the national level and civil social level.Finally, my view of the sub-regulations has been summarized and the supplement of using legal means to disintegrate the sub-regulations has been made. At the same time, it affirms that the correction of the sub-regulations is not a once and all overnight, but an eternal task in the process of rule by law.